Which citizens of the RA, who avoided compulsory military service, can be exempted from criminal prosecution?

Details: Published: 04 August 2018

Official clarification from the Ministry of Defense:

Article 1, paragraph 1, of the RA Law on "Citizens Who Have Not fulfilled Compulsory Military Service in Violation of the Defined Order" prescribes the circle of citizens who avoided compulsory military service and eligible to be exempted from criminal prosecutions against a defined payment.

Accordingly, the law extends to the period from 1992 to December 1, 2017 and applies to the citizens of RA who have been in breach of the Law of the Republic of Armenia "On Compulsory Military Service" during that period, avoiding military service (avoided conscription) and are over 27 year old (for reserve officers, 35) OR to the citizens who previously obtained the right of exemption from compulsory military service or the right of withdrawal from compulsory military service provided by the Law of the Republic of Armenia "On Conscription" before getting 27 year old (for reserve officers, 35) and against whom the criminal prosecution has been instituted as prescribed by law on the grounds of avoidance of compulsory military service.
Non clear formulation of this article actually generates explicit comments on the topic, in particularly whether the phrase "during that period" (ie by December 1, 2017) refers only to the condition of avoidance from the compulsory military service (conscription) or as well as to the term "being 27 (for reserve officers - 35) over the age of".
Accordingly, the RA Minister of Defense clarifies which citizens may benefit from the possibility of exemption from criminal prosecution provided by this law who avoid the compulsory military service.
Thus, the law does not refer to the citizens who have reached the age of 27 (reserve officers - 35) after 1 December 2017 and therefore on the basis of Article 1, paragraph 1, of the Law of the Republic of Armenia "On Citizens Who Have Not Passed Compulsory Military Service" they are not eligible to avoid from the criminal prosecution paying the prescribed fees.

Therefore The law applies to citizens who have one of the following two conditions:

1) To the citizens who avoided from compulsory military service (avoided conscription) in violation of the Law of the Republic of Armenia "On Compulsory Military Service" during 1992 till December 1, 2017 (during that period) and are over 27 (reserve officers - 35) and Criminal prosecution has been instituted in the manner prescribed by law on the grounds of avoidance of compulsory military service, or
2) To the citizens who previously obtained the right of exemption from compulsory military service or the right of withdrawal from compulsory military service provided by the Law of the Republic of Armenia "On Conscription" before getting 27 year old (for reserve officers, 35) and against whom the criminal prosecution has been instituted as prescribed by law on the grounds of avoidance of compulsory military service.

It should be reminded that according to current regulations, the law has been extended for the last time and will continue until December 31, 2019.

Recent Updates- 2019